PURPOSE: This rule sets forth requirements for the
acquisition of land and water for reclamation purposes by the state under the
state reclamation plan pursuant to sections
444.810,
444.925.3-6,
and 444.940, RSMo.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Land Eligible for Acquisition.
(A) Land adversely affected by past coal
mining practices may be acquired by the commission with federal moneys from the
fund if approved in advance by the office. Prior to acquisition of such land,
the commission shall find in writing that acquisition is necessary for
successful reclamation in accordance with section 444.925.1, RSMo.
1. The acquired land will serve
recreation, historic, conservation and reclamation purposes or provide open
space benefits after restoration, reclamation, abatement, control or prevention
of adverse effects of past coal mining practices; and
2. Permanent facilities such as a
mine drainage treatment plant or a relocated stream channel will be constructed
on the land for the restoration, reclamation, abatement, control or prevention
of the adverse effects of past coal mining practices.
(B) Coal refuse disposal sites and
all coal refuse thereon may be acquired by the commission if approved in
advance by the office. Prior to approval of acquisition of such sites, the
commission shall find in writing that the acquisition of such land is necessary
for successful reclamation and will serve the purposes of the state reclamation
program or that public ownership is desirable to meet an emergency situation
and prevent recurrence of adverse effects of past coal mining
practices.
(C)
(B) The commission in
acquiring land under this rule shall acquire only such interests in the land as
are necessary for the reclamation work planned or the post-reclamation use of
the land. Interest in improvements on the land, mineral rights, or associated
water rights may be acquired if-
1. Severance
of such interests from the surface estate cannot be made; or
2. Such interests are necessary to the
reclamation work planned or the post-reclamation use of the land; and
3. Adequate written assurances cannot be
obtained from the owner of the severed interest that future use of the severed
interest will not be in conflict with the reclamation to be
accomplished.
(2) Procedures for Acquisition.
(A) An appraisal of the fair market value of
all land or interest in land to be acquired shall be obtained from a
professional appraiser. The appraisal shall state the fair market value of the
land as adversely affected by past mining and shall otherwise conform to the
requirements of the handbook on Uniform Appraisal Standards for Federal Land
Acquisitions (Interagency Land Acquisition Conference, 2016), which is
incorporated by reference and made a part of this rule, copies may be obtained
by contacting The Appraisal Foundation, 1155 15th Street NW, Suite 1111,
Washington, D.C. 20005 or online at https://www.appraisalfoundation.org. This
rule does not incorporate any subsequent amendments or additions.
(B) When practical, acquisition shall be by
purchase from a willing seller. The amount paid for interests acquired shall
reflect the fair market value of the interests as adversely affected by past
mining.
(C) When necessary, land or
interest in land may be acquired by condemnation. Condemnation procedures shall
not be started until all reasonable efforts have been made to purchase the land
or interests in lands from a willing seller.
(D) The commission in acquiring land under
this rule shall comply, at a minimum and to the extent applicable, with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (
42
USC
4601; 41 CFR
114-50); Solicitor of the
Interior's Regulations for Approval of Title to Lands and Condemnation (I SRM
6.1); and Regulations of the Attorney General under Order No. 440-70 dated
October 2, 1970 establishing standards for title approval of lands to be
acquired for federal public purposes.
(E) Titles to all interest in land acquired
shall be in the name of the state and shall be recorded in accordance with
applicable state law.
(3) Acceptance of Gifts of Land.
(A) The commission may accept donations of
title to land or interest in land which is necessary for reclamation
activities. A donation shall not be accepted if the terms or conditions of
acceptance are inconsistent with the objectives or requirements of the
program.
(B) Offers to make a gift
of such land or interest in land shall be in writing and shall include:
1. A statement of the interest which is being
offered;
2. A legal description of
the land and a description of any improvements on it;
3. A description of any limitations on the
title or conditions as to the use or disposition of the land existing or to be
imposed by the donor;
4. A
statement that-
A. The offeror is the record
owner of the interest being offered;
B. The interest offered is free and clear of
all encumbrances except as clearly stated in the offer;
C. There are no adverse claims against the
interest offered;
D. There are no
unredeemed tax deeds outstanding against the interest offered; and
E. There is no continuing responsibility by
the operator under state or federal law for reclamation; and
5. An itemization of any unpaid
taxes or assessments levied, assessed or due which could operate as a lien on
the interest offered.
(C) If the offer is accepted, a deed of
conveyance shall be executed, acknowledged, and recorded. The deed shall state
that it is made "as a gift under the Surface Coal Mining Law," RSMo. Title to
donated land shall be in the name of the governor of the state of
Missouri.
Notes
10 CSR 40-9.040
AUTHORITY: section
444.810,
RSMo 1994.* Original rule filed June 11, 1981, effective 10/13/1981.
Amended by
Missouri
Register October 1, 2018/Volume 43, Number 19, effective
11/30/2018
The secretary of state has determined that the publication
of this rule in its entirety would be unduly cumbersome or expensive. The
entire text of the material referenced has been filed with the secretary of
state. This material may be found at the Office of the Secretary of State or at
the headquarters of the agency and is available to any interested person at a
cost established by state law.
*Original authority 1979, amended 1983,
1993.
